2 must first be included in the Chicago regional
Metropolitan Transportation P
Transportation Improvement P
. The Illinois Regional Planning Act requires that both the MTP and TIP documents
“shall be approved” by the B
oard of the Chicago Metropolitan Agency for Planning
any final approval by the MPO Policy Committee. 70 ILCS 1707/60(c). Overall, the Illinois Regional Planning Act provides that a three-step process must be followed in order for IDOT to proceed with the proposed Illiana Tollway.
is that the
Board of the Chicago Metropolitan Agency for Planning (“CMAP Board”)
must first approve an MTP and TIP that includes the proposed Illiana Tollway. 70 ILCS 1707/60(c).
is that the MPO Policy Committee must provide
“final approval” of an
MTP and TIP that include the proposed Illiana Tollway.
is that IDOT is then authorized to proceed with the proposed Illiana Tollway as a project specifically included in a duly-approved MTP and TIP.
23 U.S.C. § 134(j). In this case, the proposed Illiana Tollway did not receive the required
approval. On October 9, 2013, the CMAP Board voted by a 10 to 4 majority to reject
IDOT’s request to
the Chicago metropolitan area’s MTP
and TIP to include the proposed Illiana Tollway as
a “fiscally constrained”
IDOT’s request for approval was specifically denied.
Nonetheless, the MPO Policy Committee, chaired by IDOT Secretary Ann Schneider, purported
to take “Step 2” even though the CMAP Board did not provide its required “
approval. On October 17, 2013, the MPO Policy Committee proceeded without legal authority and voted by 11 to 8 to approve the inclusion of the proposed Illiana Tollway in the MTP and TIP. Based on this unauthorized vote, IDOT now plans to spend hundreds of millions of dollars in